1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 27, 2011, the Plaintiff is a company that operates taxi passenger services, and the Defendant is a person who retired on April 26, 2016 while serving in the company’s accounting affairs, such as paying wages and operating expenses.

B. The Plaintiff filed a complaint against the Defendant on 139 occasions from October 24, 2013 to March 29, 2016, on the grounds that the Defendant embezzled KRW 58,171,440 out of the Plaintiff’s company’s funds for personal purposes on 139 occasions. However, the prosecutor did not specify the amount of accurate embezzlement, and the Defendant’s personal communications expenses agreed to pay the Plaintiff. The Plaintiff’s personal communications expenses are likely to be agreed to use funds from those who used the Defendant’s account other than the Plaintiff’s account, not the Plaintiff’s account, and used some funds for the Plaintiff’s operating expenses, on the ground that there is insufficient evidence to prove the facts charged by the Plaintiff. In addition, the Plaintiff did not impose a non-prosecution disposition on the Plaintiff’s ground that there is insufficient evidence to support the Defendant’s criminal facts (defluence of evidence) and the Plaintiff did not separately claim for the Defendant’s embezzlement of KRW 304,65,264, etc. from January 3, 2015 to April 26, 2016

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 9, Gap evidence 15-1, Gap evidence 17, and Gap evidence 19-1, respectively.